On Thursday, February 17, the U.S. Department of Homeland Security (DHS) announced a Notice of Proposed Rulemaking (NPRM) on the public charge ground of inadmissibility.
The Proposed Rule
“We will return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them,” Secretary of Homeland Security Alejandro Mayorkas said.
Under the proposed rule, DHS would only consider the following public benefits when making a public charge inadmissibility determination:
- Supplemental Security Income (SSI);
- Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
- State, Tribal, territorial, and local cash assistance for income maintenance; and
- Long-term institutionalization at government expense.
DHS would not consider non-cash benefits like food assistance, most Medicaid benefits, and housing assistance.
The publication of the new NPRM does not change how DHS is currently applying the public charge ground of inadmissibility. Until DHS publishes a new final rule and implements any such new regulations, USCIS will continue to apply the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance, the policy that was in place for two decades before the 2019 public charge final rule was implemented.
Background
In 2019, the Trump administration had expanded the definition of “public charge” to include non-cash benefits from the government, including SNAP food assistance, Medicaid, and housing support. Opponents considered the Trump rule an immigration wealth test that made it more difficult for non-citizens to obtain immigration benefits.
According to the Biden announcement, while the Trump-era regulation led to only three denials of admission on public charge grounds, it had a chilling effect and discouraged eligible people from seeking government assistance.
Erickson Insights
The proposed rule was drafted from comments received in August. After the rule is published in the Federal Register, the public will have 60 days to provide comments.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your EIG attorney.